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The Elimination of Extraterritoriality
Revising the Treaties with Foreign Countries 1919 - 1926
After Thailand had reorganized and modernized her internal system of administration, the root cause for the existence of extraterritoriality in the country was eradicated. Therefore, it was only fair that the foreign countries concerned should give up their extraterritorial rights. Extraterritoriality posed two major obstacles : 1) consular jurisdiction 2) the fixing of duty rates. Customs duties, for example, could not exceed 3 per cent of the value of the goods, which was a considerably low rate, when one considers that Turkey was allowed to levy a duty of 11 per cent.
It has already been mentioned that the treaties which gave rise to extraterritoriality contained clauses permitting the amendment, but not renouncement, of such treaties with the mutual consent of both parties. Thailand therefore found it necessary to enter into negotiations with all countries concerned, starting in 1919. The negotiations themselves lasted many years before any agreement was reached. Since the matter involved the interests of foreign countries, it was not an easy task to convince them to abandon their interests. The agreement reached thus represented a compromise on both sides.
The revised treaties contained two main points :
1) Consular jurisdiction was to be terminated and nationals of the parties to the treaty were to come under the jurisdiction of Thai courts after the promulgation and putting into force of all Thai legal codes and a period of 5 years thereafter. If diplomatic and consular officials deemed it appropriate to evoke a case in which its nationals were accused and adjudicate the case themselves, they were empowered to do so in the interests of justice, except if such cases are pending before the Supreme or Dika Court.
2) Thailand was free to set her own tariffs but was still under certain constraints. The Treaty of Commerce and Navigation with Britain, for example, stipulated that during the first 10 years Thailand would not collect any customs duty in excess of 5 per cent ad valorem for cotton yearns, threads, fabrics and all other manufactures of cotton, iron and steel as well as machinery and its parts.
The revised treaties included the following :
1. Treaty of Friendship, Commerce and Navigation with the United States, B.E. 2463 (1920 A.D.)
2. Treaty of Friendship, Commerce and Navigation with Japan, B.E. 2467 (1924 A.D.)
3. Treaty of Friendship, Commerce and Navigation with France, B.E. 2468 (1925 A.D.)
4. Treaty of Friendship, Commerce and Navigation with the Netherlands, B.E. 2468 (1925 A.D.)
5. General Treaty of Friendship with Great Britain, B.E. 2468 (1925 A.D.)
6. Treaty of Commerce and Navigation with the Great Britain, B.E. 2468 (1925 A.D.)
7. Treaty of Friendship, Commerce and Navigation with the Spain, B.E. 2468 (1925 A.D.)
8. Treaty of Friendship, Commerce and Navigation with Portugal, B.E. 2468 (1925 A.D.)
9. Treaty of Friendship, Commerce and Navigation with Denmark, B.E. 2468 (1925 A.D.)
10. Treaty of Friendship, Commerce and Navigation with Sweden, B.E. 2468 (1925 A.D.)
11. Treaty of Friendship, Commerce and Navigation with Italy, B.E. 2469 (1926 A.D.)
12. Treaty of Friendship, Commerce and Navigation with the Belgian-Luxembourg Economic Union, B.E. 2469 (1926 A.D.)
13. Treaty of Friendship, Commerce and Navigation with Norway, B.E. 2469 (1926 A.D.)
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